Church v. Northern Central Railway
Supreme Court of Pennsylvania
CeetiorARI to tlie Common Pleas of Cumberland county. This was a proceeding by Juliann Church, in her own right, and as administratrix of Mary Y. Church, deceased, against The Northern Central Railroad Company, under the 11th section of the Act of February 19th 1849, providing for the assessment of damages occasioned to the owners of lands, by reason of the opening and construction of railroads.
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CeetiorARI to tlie Common Pleas of Cumberland county. This was a proceeding by Juliann Church, in her own right, and as administratrix of Mary Y. Church, deceased, against The Northern Central Railroad Company, under the 11th section of the Act of February 19th 1849, providing for the assessment of damages occasioned to the owners of lands, by reason of the opening and construction of railroads. In her petition she set forth: “ That before and at the time of committing the acts and trespasses thereinafter mentioned, she was the owner of one-third .part and of the estate descended to her, at…
1Opinion of the Court
The opinion of the court was delivered,
by
THOMPSON, J.
On the 29th of August 1859, the plaintiff in error petitioned the Court of Common Pleas of Cumberland county, for the appointment of viewers under the provisions of the Act of 19th February 1849, to assess the damages alleged to have been done her by the company, in the location and construction of their road, in her individual right as “ owner,” as she claims in her petition, of the one-third part of the land described; and also to the estate and property which, in her lifetime, belonged to her daughter Mary V. Church, deceased, and for…
2Cases cited1 opinion
- Skinner v. RobesonSupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
- In re Condemnation by the CommonwealthCommonwealth Court of Pennsylvania · 1984